Definitely could be wrong on this one…but I think juror misconduct in AZ is grounds for a new trial if motion for new trial comes within 2 weeks and is heard by the judge who heard the case or at least by a judge in that jurisdiction not an appeals court judge and can only be grounds for an appeal if the motion for new trial was denied by the lower court judge.
Anyone want to chime in on this, please do as I am definitely NOT a lawyer
It's federal juror misconduct laws.
If LVD was tried under state laws then it would fall under the state's juror misconduct laws.
Interesting read.
Bottom line would what the juror did have changed the verdict?
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Remmer v. United States and the "Remmer Hearing"
The landmark case of Remmer v. United States (1954) established the legal framework for determining juror misconduct.
The case arose when Carl A. Remmer, convicted of tax evasion, appealed his conviction because an outside party had attempted to influence a juror during the trial with an implied bribe.
The juror, who later became the foreman, reported the incident to the judge, and the judge conferred with prosecutors, but the defense didn't discover the breach until after the conviction. They motioned for a new trial, but the motion was
denied.
The case made it to the U.S. Supreme Court, and the justices ruled that "
in a criminal case, any private communication, contact, or tampering, directly or indirectly, with a juror during a trial about the matter pending before the jury is presumptively prejudicial."
This presumption of prejudice places the
burden on the government to prove that such contact with the juror did not affect the verdict.
The Supreme Court remanded the case back to the lower courts, instructing them to hold a hearing to determine whether this incident harmed the defendant and, if so, to order a new trial. This ruling led to establishing the "Remmer Hearing" in cases of alleged juror misconduct.
What is Juror Misconduct?
Juror misconduct refers to any inappropriate or
cont
You could file a post-conviction federal appeal due to juror misconduct for any conduct that conflicts with the judge's instructions on how to perform.
www.thefederalcriminalattorneys.com